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(영문) 수원지방법원 안산지원 2018.05.03 2018가단52368
구상금
Text

1. As to KRW 301,005,282 and KRW 301,004,883 among the Plaintiff, the Defendant shall start from September 22, 2017 to December 14, 2017.

Reasons

1. Basic facts

A. On March 11, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with B Co., Ltd. (hereinafter “instant company”) with the term from March 11, 2016 to March 10, 201, setting the credit guarantee principal as KRW 297,50,000, and the term of guarantee from March 11, 2016 to March 10, 2017, the Plaintiff agreed to pay the Plaintiff the repayment amount of the guaranteed obligation and its delay damages (10% per annum), and the expenses incurred by the Plaintiff in preserving, transferring, and exercising the right acquired through the performance of the guaranteed obligation. The Defendant, the representative director of the instant company, was a joint and several surety obligation (hereinafter “joint and several surety agreement”).

B. Around March 18, 2016, the instant company entered into a credit transaction agreement with the amount of 350,000,000 won from the Nonghyup Co., Ltd. (hereinafter “CFF”) as collateral with a credit guarantee statement issued by the Plaintiff pursuant to the instant credit guarantee agreement.

C. On March 10, 2017, the instant company and the Defendant filed an application with the Plaintiff for a change in the conditions of credit guarantee to extend the period of guarantee to March 9, 2018, and the Plaintiff notified the Nonghyup Bank of the change in the conditions of credit guarantee.

However, there was a credit guarantee accident in which the instant company lost the benefit under the said credit transaction agreement. On September 22, 2017, the Plaintiff subrogated to the Nonghyup Bank for KRW 302,464,418 (i.e., principal amount of KRW 297,50,500, KRW 4,964,418).

C. After recovering KRW 1,917,040 from the Plaintiff, the Plaintiff appropriated KRW 457,505 to the payment by subrogation, and KRW 1,459,535 to the payment by subrogation, and the final delay damages amounted to KRW 399.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant shall pay the plaintiff 301,005 according to the credit guarantee agreement of this case and the joint and several sureties agreement.

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